Clara, I'd love to know which school district, because the school statute makes it pretty clear that full legal custody is required to allow a formerly out of district student to enroll while residing with someone other than a custodial parent (unless of course it is a hardship case). I wish it would have been as simple as a POA in the cases I have handled.
To Alexandra, I'd suggest getting into on the school district's attorney and finding out what they require before spinning your wheels on something that they will reject and delaying the child starting school when they are ready. I have had a district reject an order for temporary physical custody, which leads me to obtain orders of legal custody from the start so the child is not delayed in enrollment or the client possibly subject to a few days or weeks of tuition exposure.
Deb
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Debra Guston Esq.
Glen Rock NJ
(201)447-6660
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Original Message:
Sent: 11-10-2014 19:57
From: Clara Licata
Subject: Temporary Legal Guardianship Agreement
A parent can grant a power of attorney of no more than six months to make decisions on behalf of a child. I have used this and a school district has honored it.
3B:12-39. Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations
A parent, other than where custody of a minor has been awarded by a court of competent jurisdiction, with the consent of the other parent, if the latter is living and not an incapacitated person or a guardian of the person of a minor or an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his powers regarding care, custody, or property of the minor child or ward, except his power to consent to marriage or adoption of a minor ward.
N.J. Stat. Ann. § 3B:12-39 (West)
Clara S. Licata
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Law Office of
Clara S. Licata, Esq.
55 Harristown Rd.
Suite 302
Glen Rock, NJ 07452
201-612-1170
Fax 201-612-1179
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Original Message:
Sent: 11-10-2014 15:04
From: Alexandra Conti
Subject: Temporary Legal Guardianship Agreement
Can a parent sign an temporary guardianship agreement to another individual for a period of less than 6 months while they are out of state that will be honored by school/doctors etc or are they required to obtain a Court Order?
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Alexandra Conti Esq.
Union NJ
(908)810-8588
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